Kuykendall v. State’s Empirical Analysis
1980
Citation profile
68 state decisions
How this case has been cited
Cited by 68 later decisions — most recently November 2013 · most notably Madden v. State (1990), Cook v. State (1993)
68 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Simpkins v. State · Boles v. State · Moore v. State · Garrett v. State · Dockery v. State
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Stated another way, there was not enough evidence to raise an issue of reasonable doubt whether he was acting other than intentionally or knowingly, so that the jury could have found that appellant ought to have been, but was not, aware that his conduct would create a substantial and unjustifiable risk resulting in the death of the deceased. The defendant at no time expressly suggested he failed to perceive the obvious risk involved, nor does the testimony of any other witness, and directly to the point his friend and companion Chapman quotes him as saying, “I know what I’m doing... just stay here and make sure I’m okay.” Defendant agreed that he was talking to Chapman while Garza went to see [the deceased], but he never denied the awareness of risk attributed to him by Chapman. Id. at 797 .”
1 later decision quote this exact passagee.g. Dowden v. State“As the theory of transferred intent was generally understood to apply to felony murder cases under the former penal codes, whereas in the usual “regular” murder cases the trial court ordinarily instructed the jury that they must find the accused intended to kill the deceased, there are other kinds of cases in which it was not necessary to prove or charge the jury touching on a specific intent to kill “further than is involved in the proof of certain facts” such as a killing committed in the perpetration of arson, burglary or robbery, Lyons v. State, 138 Tex.Cr.R. 375 , 136 S.W.2d 835 (1940), or other felony pursuant to Article 42, P.C.1925; Smith v. State, 154 Tex.Cr.R. 234 , 225 S.W.2d 846 (1949).”
1 later decision quote this exact passagee.g. Rodriguez v. State“... Defendant, heretofore on or about April 2, 1983, did then and there unlawfully intend to cause serious bodily injury to JAMES RIVERS RUMPH, JR., ... hereafter styled the Complainant, and did cause the death of the Complainant, by intentionally and knowingly committing an act clearly dangerous to human life, namely, shooting the Complainant with a firearm, (emphasis added)”
1 later decision quote this exact passagee.g. Rumph v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.